Opinion
No. 43705.
September 18, 1967.
Appeal from Circuit Court, Harrison County, Leslie B. Grant, J.
R. Jess Brown, Jackson, for appellants.
Lyle M. Page, Biloxi, for appellee.
The appellants in the above-styled cause have filed a motion asking this Court to enter a judgment discharging and releasing the defendants in the foregoing cause, and it appearing that the case was appealed from this Court to the United States Supreme Court, as shown by the opinion of that Court reported in 385 U.S. 370, 87 S.Ct. 532, 17 L.Ed.2d 427, in which that Court said:
"The petition for a writ of certiorari is granted and the judgment of the Supreme Court of Mississippi is reversed."
In view of that opinion, this Court has no alternative than to enter a judgment dismissing the prosecution and releasing defendants.
It is therefore the order of the Court that defendants in the above-styled cause be hereby discharged, and the charges brought against them are dismissed, with prejudice.
So ordered.